Involuntary Hospitalization Attorney

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Learning that a family member has been detained and is being held in a mental health facility against their will is incredibly distressing. Although individual rights and freedoms are sacrosanct in Florida, state laws nevertheless recognize circumstances in which a person can be involuntarily committed to a psychiatric facility – a fact that may come as a surprise to many. Whether your loved one has been unlawfully detained by law enforcement on mental health grounds, is not being released by a psychiatric facility, or has been involuntarily hospitalized, an attorney with specialist expertise in Florida mental health laws should be your first port of call.

Fundamental Civil Liberties Under Florida Law

The right to freedom is a cornerstone of the Florida Constitution, which enshrines the right to life and liberty as an inalienable right. Florida’s Constitution also confers fundamental due process rights on the state’s citizens: it provides that ‘no person shall be deprived of life, liberty or property without due process of law’. When a person is detained against their will for mental health treatment, or is being subject to unlawful confinement, their fundamental civil liberties are at stake. If you find yourself or a loved one in these circumstances, it is essential to contact an attorney specialized in involuntary hospitalization cases immediately.

Detention For Mental Health Treatment Under Florida Law

The Florida Mental Health Act – also known as the Baker Act – sets out a procedure in terms of which a person experiencing a mental health emergency can be detained against their will and taken to a psychiatric facility for assessment and care. This process is a severe curtailment of a person’s liberty, and should only be used in extreme circumstances – yet it is not uncommon for people to be detained unlawfully on grounds of mental health. If you are concerned that your loved one has been detained unlawfully, gaining a basic understanding of the Baker Act process can help you determine whether you need to contact an involuntary hospitalization attorney.

Involuntary And Voluntary Hospitalization

The involuntary and voluntary hospitalization processes set out in the Baker Act are two key elements of Florida’s mental health care framework. Voluntary hospitalization is the process in terms of which a person requests voluntary admission to a psychiatric facility (called a receiving facility in the Act) for a mental health evaluation. A person can only be voluntarily admitted to a facility under the Baker Act if they are competent to give informed consent to their assessment and/or treatment. This means they must have taken the decision to apply for treatment knowingly and willfully, with a full understanding of the decision and its consequences.

In contrast, involuntary hospitalization occurs when a person is detained and taken to a receiving facility entirely against their will. Involuntary hospitalization for purposes of a mental health assessment may be initiated in one of three ways: by a law enforcement officer; by a medical professional who has recently examined the individual concerned; or by a judge, following a petition for an involuntary assessment brought by a concerned family member or other interested party. When a person is involuntarily hospitalized for purposes of a psychiatric assessment, they may only be held for this purpose – they cannot be held for long-term treatment unless the facility where they are being detained seeks a petition for involuntary placement. If your loved one has been subject to an involuntary hospitalization, it is crucial to consult with an attorney to ensure that a lawful process is followed.

The Threshold For Lawful Involuntary Detention

Involuntary detention, even in cases of a mental health emergency, is a serious limitation of a person’s freedom. For this reason, there are strict criteria that must be met before a person can be subject to an involuntary hospitalization process. Specifically, there must be good reason to believe that they are experiencing severe mental or emotional impairment, and because of this impairment:

They have refused to undergo a mental health assessment, or are unable to determine for themselves whether such an assessment is necessary; and
If they are not detained for an assessment, there is a substantial risk that they will cause serious harm to themselves or others in the near future, or they are likely to suffer harm as a result of being unable to care for themselves, and this harm cannot be avoided through the care of friends or family.

These criteria set a very high legal standard, and there must clear evidence that they have been met in a particular case. A person should not be involuntarily hospitalized simply because they are behaving erratically or suffer from serious mental illness – there needs to be good reason to believe, based on their recent behavior and other evidence, that they will pose a significant danger to themselves or others if not detained.

Patient Rights During Detention

When a person has been detained for mental health reasons, they become entitled to specific patient rights which must be respected at all times. They have the right to contact an involuntary hospitalization attorney, to communicate with friends or family, and the right to be informed of these rights. They are also entitled to receive skillful medical treatment that is delivered by a suitably qualified medical professional. They must receive the least restrictive treatment that will be effective for their needs, which means they should not be detained for longer than is medically necessary. While in detention, your loved one must also be permitted to access their medical records, to exercise their right to vote, and to keep their personal belongings.

When Is Detention Unlawful?

Unlawful detention and involuntary hospitalization are not the same thing: in some cases, involuntary hospitalization will be justified in law. However, there are many cases in which involuntary hospitalization is not justifiable, or has been carried out without due regard for a person’s procedural rights.

A detention will be unlawful when a person has been detained despite the strict criteria above not being met. This kind of scenario often occurs when law enforcement officers misapply the criteria for involuntary detention, or when hospital staff detain a person merely because they are refusing medical care. In either of these cases, an attorney with experience challenging involuntary hospitalizations must be contacted as a matter of urgency to protect the rights of the patient concerned.

Further, even if a detention was initially lawful, it may become unlawful when the strict procedural requirements of the Baker Act are not followed. The only circumstance in which a person can be detained for longer than the statutory limit is either when they agree to remain on a Voluntary Admission basis or when the facility has successfully sought a court order for extended detention.

How An Attorney Can Help Fight Involuntary Hospitalization

Navigating a loved one’s unlawful detention can be frightening and confusing, but you are not alone. Florida’s courts fiercely guard its citizens’ civil liberties, and with an experienced attorney guiding you, you will be well-placed to challenge the legality of your loved one’s involuntary confinement. There are several legal mechanisms that can be used to protect your loved one’s rights to freedom and due process, including:

Filing a special petition called a writ of habeas corpus, in terms of which the facility must appear before a judge to provide legal justification for your loved one’s continued detention;
Challenging any involuntary placement petition brought by the facility for the continued detention of your loved one for long-term treatment;
Suing the facility for compensation for physical harm suffered by your loved one as a result of their unlawful detention; and
Pursuing administrative remedies by filing complaints with the relevant health professionals’ regulatory bodies.

A skillful involuntary hospitalization attorney will be able to guide you through your options for challenging the legality of your loved one’s unlawful detention, and will advise you on the best course of action for ensuring your loved one’s immediate release.

Leading Florida Baker Act Attorneys Are Here To Fight For Your Loved One’s Rights

Families with loved ones who have been unlawfully detained need exceptional legal support to help challenge this serious violation of civil liberties. At Baker Act Attorneys, we have a wealth of experience in guiding and representing families whose loved ones have been subject to involuntary hospitalization. Our attorneys are on standby to respond to your call round-the-clock, and will use their formidable expertise in Florida’s mental health law to advocate for your loved one’s freedom.